EPA-OW-OWOW-22-01.pdf

Federal Agency Name: U.S. Environmental Protection Agency (EPA), Office of Water, Office of Wetlands, Oceans and Watersheds

Funding Opportunity Title: Fiscal Year (FY) 2022 Request for Applications from Indian Tribes and Intertribal Consortia for Nonpoint Source Management Grants Under Clean Water Act Section 319

Announcement Type: Request for Applications (RFA)

Funding Opportunity Number: EPA-OW-OWOW-22-01

Assistance Listing: 66.460

Important Dates:

• October 8, 2021: To be eligible for Clean Water Act (CWA) Section 319 grants under this RFA, applicants must have met the eligibility requirements described in Section III of this announcement as of October 8, 2021.1

• January 13, 2022 Questions about this RFA must be submitted in writing via e-mail and must be received by the EPA Headquarters Contact identified in Section VII by January 13, 2022. Written responses will be posted on EPA’s website at https://www.epa.gov/nps/nonpoint-source-tribal-current-grant-information. EPA strongly recommends interested applicants review the FAQs on this webpage prior to submitting a question.

• January 27, 2022: Applications must be submitted electronically to EPA through Grants.gov by 11:59 P.M. Eastern Time (ET), 10:59 P.M. Central Time (CT), 9:59 P.M. Mountain Time (MT), or 8:59 P.M. Pacific Time (PT), January 27, 2022 in order to be considered for funding. Late applications will not be considered for funding.

COVID-19 Update: EPA is providing flexibilities to applicants experiencing challenges related to COVID-19. Please see the Flexibilities Available to Organizations Impacted by COVID-19 clause in Section IV of EPA’s Solicitation Clauses.

Note to Applicants: Following EPA’s evaluation of applications, all applicants will be notified regarding their status. If you intend to name sub-awardees/sub-grantees and/or contractor(s) including individual consultants in your application as partners to assist you with the proposed project, EPA recommends that you carefully review and comply with the directions contained in the CONTRACTS AND SUBAWARDS provision found at https://www.epa.gov/grants/epa-solicitation-clauses.

SUMMARY

EPA is soliciting applications pursuant to Section 319 of the Clean Water Act (CWA) from eligible tribes and intertribal consortia to develop and/or implement watershed-based plans and complete watershed projects that will result in significant steps towards solving nonpoint source (NPS) water quality impairments or threats on a watershed-wide basis. Eligible entities are strongly encouraged to submit applications that develop and/or implement watershed-based plans designed to restore NPS-impaired waters and protect waters from NPS pollution. Eligible tribes and intertribal consortia may apply for competitive funding by submitting an application for up to $100,000 of federal CWA Section 319 funding (plus the additional required non-federal cost share/match of the total project cost).

1 Per EPA’s Guidelines for Awarding Clean Water Act Section 319 Base Grants to Indian Tribes, tribes and intertribal consortia must meet eligibility requirements in accordance with CWA Sections 319 and 518(e) as of the second Friday in October to be eligible for base and competitive nonpoint source grants for the applicable fiscal year.

https://www.epa.gov/nps/nonpoint-source-tribal-current-grant-information https://www.epa.gov/nps/nonpoint-source-tribal-current-grant-information https://www.epa.gov/grants/epa-solicitation-clauses https://www.epa.gov/grants/epa-solicitation-clauses https://www.epa.gov/sites/default/files/2015-12/documents/fy11-319tribal-fedreg-print.pdf

EPA anticipates awarding an estimated $2.7 million in federal funds, depending on Agency funding levels, the number of tribes requesting Section 319 funding, the evaluation of applications, and other applicable considerations, to eligible tribes and intertribal consortia with approved NPS assessment reports and management programs and Treatment-in-a-manner-similar-to-a-State (TAS) status as of October 8, 2021.

TABLE OF CONTENTS

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Objectives B. EPA’s Strategic Plan and Anticipated Environmental Results C. Statutory Authority

II. AWARD INFORMATION

A. Amount of Funding B. Type of Funding

III. ELIGIBILITY INFORMATION

A. Eligible Applicants B. Cost Sharing or Matching Requirements C. No Required Tribal Cost Share Under a Performance Partnership Grant (PPG) D. Threshold Evaluation Criteria E. Funding Restrictions F. Performance Partnership Grants (PPG)

IV. APPLICATION AND SUBMISSION INFORMATION

A. Requirement to Submit Through Grants.gov and Limited Exception Procedures B. Submission Instructions C. Content of Application Package Submission D. Submission Dates and Times E. Additional Provisions for Applicants Incorporated into the Solicitation F. Communications with Applicants G. Information Sessions

V. APPLICATION REVIEW INFORMATION

A. Ranking Criteria B. Review and Selection Process C. Additional Provisions for Applicants Incorporated into the Solicitation

VI. AWARD ADMINISTRATION INFORMATION

A. Award Notices B. Additional Provisions for Applicants Incorporated into the Solicitation C. Administrative and National Policy Requirements D. Reporting E. Debriefings F. Disputes

VII. AGENCY CONTACTS: EPA HEADQUARTERS AND REGIONAL TRIBAL NPS

COORDINATORS

VIII. OTHER INFORMATION

A. Quality Assurance/Quality Control (QA/QC) B. Data Sharing

Appendix A – Nine Elements of a Watershed-Based Plan Developed by a Tribe

I. FUNDING OPPORTUNITY DESCRIPTION

A. Program Objectives This Request for Applications (RFA) is issued pursuant to Section 319(h) of the Clean Water Act (CWA), which authorizes EPA to award grants to eligible tribes and intertribal consortia to implement approved NPS management programs developed pursuant to Section 319(b)(1) “for controlling pollution added from nonpoint sources to the navigable waters” and “improving the quality of such waters.”2 NPS management programs must identify “best management practices and measures which will be undertaken to reduce pollutant loadings resulting from each category, subcategory, or particular nonpoint source” identified in the tribe’s NPS assessment report developed pursuant to Section 319(a).

After allocating Section 319 tribal funds for tribal base grant work plans, EPA allocates the remaining Section 319 tribal funds to eligible entities according to the competitive procedures in this RFA. This competitive funding will support tribal efforts to develop and/or implement watershed-based plans and complete watershed projects that will result in significant steps towards addressing NPS water quality impairments or threats on a watershed-wide basis.

Project Types Solicited Under This Announcement:

All applications must address one of the following four project types, as described in Sections IV.C.2.c.

and III.D. Please note the narrow definition of a “nine element watershed-based plan” specific to EPA’s NPS Program, described below. See Appendix A for a list of the nine elements.

- Project Type i. The work plan develops or continues work on a nine element watershed-based plan and implements a nine element watershed-based plan.

2 Note that “[w]ith respect to CWA sections 106 and 319 grant programs, the authorizing language and the range of programmatic activities are sufficiently broad that they have long addressed both jurisdictional and non-jurisdictional waters….” 85 Federal Register (FR) 22334. For example, “grants under CWA section 319 may implement management programs which will carry out groundwater quality protection activities as part of a comprehensive nonpoint source pollution control program. 33 U.S.C. 1329(h)(5)(D).” 85 FR 22318.

- Project Type ii. The work plan develops or continues work on a nine element watershed-based plan and complete a watershed project (that does not implement the watershed-based plan) that is a significant step towards addressing NPS water quality impairments or threats on a watershed-wide basis.

- Project Type iii. The work plan implements a nine element watershed-based plan.

- Project Type iv. The work plan complete a watershed project that is a significant step towards addressing NPS water quality impairments or threats on a watershed-wide basis.

Watershed Approach: CWA Section 319(b)(4) establishes that, to the maximum extent practicable, NPS management programs shall be developed and implemented “on a watershed-by-watershed basis.” In general, EPA believes that efforts to manage NPS pollution can be most effective when approached at the watershed scale. Approaching NPS problems at the watershed scale includes comprehensive analysis of the causes and sources of pollution and identifying critical areas (i.e., those that generate the most pollution) in which to prioritize NPS management efforts. Experience indicates that watershed-based plans containing the nine elements identified in EPA’s Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 319 of the Clean Water Act and in Appendix A of this announcement, provide an effective, integrated approach to address the diverse realities and needs of each watershed. Watershed-based plans provide a coordinating framework to organize efforts to identify, prioritize, and then implement activities to address water quality problems. For an example of a tribal nine element watershed-based plan, please refer to: https://www.epa.gov/nps/nonpoint-source-tribal-resources-and-training.

Watershed-based plans, as defined in EPA’s Handbook for Developing and Managing Tribal Nonpoint Source Pollution Programs Under Section 319 of the Clean Water Act and this RFA, are plans containing the nine elements listed in Appendix A of this RFA. Applicants proposing to implement a nine element watershed-based plan should indicate the following: (1) whether the plan includes the nine elements as defined by EPA; (2) whether the watershed-based plan has been reviewed by EPA; and (3) whether the plan is in final or draft form. Those projects that are proposed pursuant to a nine element watershed-based plan are considered watershed-based plan implementation projects for purposes of this

RFA.

Watershed projects, on the other hand, are those projects guided by a plan that does not contain all nine elements of a watershed-based plan as described in Appendix A, but which contain aspects of the watershed-based planning framework. Applications to complete watershed projects should demonstrate that some type of watershed planning process was followed and that the project’s implementation will contribute to achieving water quality goals on a watershed scale.

In all applications, applicants should demonstrate that a watershed approach was adopted in proposing management activities in areas that will be most effective in preventing or reducing NPS pollution (see Section IV.C.2.e and the evaluation factor in Section V.A.e). A description of the watershed approach could include, for example, but is not limited to the following: why the project is the best to implement in the watershed at this time, based on its location, sequencing in relation to other projects in the watershed, past planning, or other factors, and/or if the project is part of an existing watershed-based plan.

Use of the term “Watershed”: A watershed refers to the land area that drains into a stream, wetland, lake, or coastal waterbody. EPA recognizes that not all tribes will be operating in freshwater environments. Many reservations are located along estuarine and coastal waters where the literal use of https://www.epa.gov/sites/production/files/2015-09/documents/2010_02_19_nps_tribal_pdf_tribal_handbook2010.pdf https://www.epa.gov/sites/production/files/2015-09/documents/2010_02_19_nps_tribal_pdf_tribal_handbook2010.pdf https://www.epa.gov/nps/nonpoint-source-tribal-resources-and-training https://www.epa.gov/nps/nonpoint-source-tribal-resources-and-training https://www.epa.gov/sites/production/files/2015-09/documents/2010_02_19_nps_tribal_pdf_tribal_handbook2010.pdf https://www.epa.gov/sites/production/files/2015-09/documents/2010_02_19_nps_tribal_pdf_tribal_handbook2010.pdf the term “watershed” may not apply. The term “watershed” will be used in this RFA and encompasses comparable estuarine and coastal nearshore systems as well. For applicants proposing projects or planning in or along estuarine or coastal waters, a system-based approach to the evaluation, planning, and implementation of the project is recommended and serves as a comparable description of a watershed approach described above for evaluation purposes (see Section V.A.e). The definition of the bounds of that system may differ depending upon the proposed project. Such applications should clearly describe the system-based approach from an estuarine or coastal ecosystems perspective, which could include but is not limited to the following: why the project is the best to implement in the estuarine or coastal ecosystem at this time, based on its location, sequencing, past planning, or other factors, and/or if the project is part of an existing estuarine/coastal management plan.

Implementing NPS best management practices (BMPs): The funding available through this RFA is primarily targeted to support on-the-ground implementation of nine element watershed-based plans and watershed projects to control sources of NPS pollution through the implementation of BMPs. In addition, eligible implementation activities like assessment and planning can be part of a competitive application. However, if an application includes planning or other eligible implementation activities, the application must also contain an on-the-ground project to implement NPS BMPs. Examples of NPS BMPs and other project activities eligible to be funded under this RFA include, but are not limited to the following:

Examples of eligible NPS BMP implementation:

• Road stabilization/removal;

• Riparian planting;

• Streambank stabilization

• Natural channel restoration;

• Low impact development/storm water management practices;

• Livestock exclusion fencing;

• Septic system rehabilitation; and

• Nutrient or grazing management practices.

Examples of other eligible project activities:

• NPS ordinance development;

• Project monitoring (e.g., baseline monitoring and post-BMP implementation monitoring);

• Development of a watershed-based plan;

• Training which assists the applicant in developing NPS implementation projects;

• Staff time and materials towards implementing projects; and

• NPS education and outreach relevant to successful implementation of NPS projects.

Activities Outside of the Reservation: Activities upstream or downstream of reservation waters may be eligible for funding if they pertain to waters within a reservation and are consistent with the applicant’s NPS assessment report and management program. The application must clearly demonstrate the impacts of the upstream or downstream project on tribal lands and waters. Projects that may be eligible downstream of reservation waters include but are not limited to: control of invasive species, restoring a headcutting stream to prevent the headcut from reaching tribal waters, and salmon habitat restoration projects that promote salmon migration upstream into tribal waters. Projects that may be eligible upstream of reservation waters include but are not limited to: stabilizing eroding streambanks to prevent sediment loading, repairing failing septic systems to prevent bacterial inputs and/or reduce nutrient loading, and implementing management measures on agricultural land to reduce nutrient loading into tribal waters. Questions about eligibility of upstream or downstream projects should be raised to the EPA Headquarters Contact in Section VII before submitting an application. See Section VII for information on how to submit questions.

Integrating Resilience in Project Design: Increasingly, tribal NPS program managers are considering future threats to water quality in addition to current sources of pollution when managing their resources, watersheds, and watershed processes. For example, integrating resilience into project design may include increasing stream buffer width to consider potential impacts of more frequent or intense storms on water flow, erosion and runoff. For information and ideas on how to integrate resiliency in your NPS program and into your application, see the following resources:

• Pages I-82 and I-83 in EPA’s Handbook for Developing and Managing Tribal Nonpoint Source

Pollution Programs Under Section 319 of the Clean Water Act

• Bureau of Indian Affairs – Tribal Resilience Program

Supporting Environmental Justice and Equity in the Nonpoint Source Program: It is a priority of the EPA to integrate environmental justice considerations into EPA programs, plans, and actions and to ensure equitable and fair access to the benefits from environmental programs for all individuals.3 Consistent with the Justice40 initiative, EPA is committed to ensuring that the benefits of cleaner water provided by the Section 319 program reach disadvantaged communities. See EPA’s policy memo, Near-term Actions to Support Environmental Justice in the Nonpoint Source Program, for more information about the Agency’s plans to engage the NPS community in this work.

B. EPA’s Strategic Plan and Anticipated Environmental Results The activities to be funded under this announcement support EPA’s Draft Fiscal Year (FY) 2022-2026 Strategic Plan, available at: https://www.epa.gov/system/files/documents/2021-10/fy-2022-2026-epa-draft-strategic-plan.pdf. Awards made under this solicitation will support Goal 5: Ensure Clean and Safe Water for All Communities; Objective 5.2: Protect and Restore Waterbodies and Watersheds of the Draft Plan. All applications must be for projects that support the goals and objectives identified above.

EPA also requires that grant applicants adequately describe environmental outputs and outcomes to be achieved under assistance agreements (see EPA Order 5700.7A1, Environmental Results under Assistance Agreements). Applicants must include specific statements describing the environmental results of the proposed project in terms of well-defined outputs and, to the maximum extent practicable, well-defined outcomes that will demonstrate how the project will contribute to the priorities described above.

Outputs: Environmental results are a way to gauge a project’s performance and are described in terms of outputs and outcomes. Environmental outputs (or deliverables) refer to an environmental activity, effort, and/or associated work product related to an environmental goal or objective that will be produced or

3 Environmental justice (EJ) is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation and enforcement of environmental laws, regulations and policies. Fair treatment means no group of people should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental and commercial operations or policies. Meaningful involvement means people have an opportunity to participate in decisions about activities that may affect their environment and/or health; the public's contribution can influence the regulatory agency's decision; community concerns will be considered in the decision making process; and decision makers will seek out and facilitate the involvement of those potentially affected. See https://www.epa.gov/environmentaljustice/learn-about-environmental-justice for more information.

https://www.epa.gov/sites/production/files/2015-09/documents/2010_02_19_nps_tribal_pdf_tribal_handbook2010.pdf https://www.epa.gov/sites/production/files/2015-09/documents/2010_02_19_nps_tribal_pdf_tribal_handbook2010.pdf https://www.bia.gov/bia/ots/tribal-climate-resilience-program https://www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf https://www.epa.gov/system/files/documents/2021-10/equity-in-the-nps-program-section-319-policy-memo-signed.pdf https://www.epa.gov/system/files/documents/2021-10/equity-in-the-nps-program-section-319-policy-memo-signed.pdf https://www.epa.gov/system/files/documents/2021-10/fy-2022-2026-epa-draft-strategic-plan.pdf https://www.epa.gov/system/files/documents/2021-10/fy-2022-2026-epa-draft-strategic-plan.pdf https://www.epa.gov/planandbudget/strategicplan https://www.epa.gov/sites/production/files/2015-03/documents/epa_order_5700_7a1.pdf https://www.epa.gov/sites/production/files/2015-03/documents/epa_order_5700_7a1.pdf https://www.epa.gov/environmentaljustice/learn-about-environmental-justice provided over a period of time or by a specified date. Outputs may be quantitative or qualitative but must be measurable during an assistance agreement funding period. Examples of environmental outputs anticipated as a result of the assistance agreements awarded under this RFA may include but are not limited to:

• Development of a nine-element watershed-based plan (as a component of a proposed work plan that includes NPS BMP implementation activities, as described above in Section I.A);

• Acres of riparian area restored;

• Miles of livestock fencing installed;

• Feet of eroding streambank stabilized;

• Number of large woody debris structures placed;

• Number of septic systems rehabilitated;

• Number of stream meanders restored; and

• Percent reduction in road density.

Outcomes: Environmental outcomes are the result, effect, or consequence that will occur from carrying out an environmental program or activity that is related to an environmental or programmatic goal or objective. Outcomes may be environmental, behavioral, health-related or programmatic in nature, must be quantitative, and may not necessarily be achieved within an assistance agreement funding period.

Outcomes may be short-term (changes in learning, knowledge, attitude, skills), intermediate (changes in behavior, practice, or decisions), or long-term (changes in condition of the natural resource). Examples of environmental outcomes anticipated as a result of the assistance agreements to be awarded under this RFA may include but are not limited to:

• An increased number of NPS-impaired waterbodies that have been partially or fully restored to meet water quality standards or other water quality-based goals established by the tribes;

• An increased number of waterbodies that have been protected from NPS pollution;

• Increased abundance and diversity of fish or macroinvertebrate species;

• Increased NPS knowledge of community members; and

• Increased knowledge of trained staff in the CWA Section 319 program.

In the project narrative, an applicant is required to describe how the project results will link the outcomes to the Agency’s Strategic Plan and current priorities. Additional information regarding EPA’s discussion of environmental results in terms of “outputs” and “outcomes” can be found at EPA Order 5700.7A1, Environmental Results under Assistance Agreements.

C. Statutory Authority The statutory authorities for the assistance agreements to be awarded under this RFA are Sections 319(h) and 518 of the Clean Water Act (CWA). CWA Section 319(h) authorizes EPA to award grants to eligible tribes and intertribal consortia to implement approved NPS management programs developed pursuant to Section 319(b)(1) “for controlling pollution added from nonpoint sources to the navigable waters” and “improving the quality of such waters.” NPS management programs must identify “best management practices and measures which will be undertaken to reduce pollutant loadings resulting from each category, subcategory, or particular nonpoint source” identified in the tribe’s NPS assessment report developed pursuant to Section 319(a). CWA Section 518(e) authorizes the EPA Administrator “to treat an Indian tribe as a State for purposes of title II and sections 104, 106, 303, 305, 308, 309, 314, 319, 401, 402, 404, and 406” (emphasis added) of the Act, provided the requirements of Section 518(e)(1-3) are met.

II. AWARD INFORMATION

A. Amount of Funding The total amount of federal funding expected to be available under this announcement is approximately $2.7 million, depending on Agency funding levels, the number of tribes requesting Section 319 base funding for FY 2021, the evaluation of applications, and other applicable considerations. A federal funding amount of $2.7 million would equate to approximately 27 competitively funded grants. In FY 2021, EPA awarded approximately $3 million to 32 tribes for specific watershed projects through a competitive process.

Eligible tribes and intertribal consortia may submit an application for up to a maximum of $100,000 of federal Section 319 funding (plus the additional required non-federal cost share/match of the total project cost). See Section III.B for information on match requirements.

EPA reserves the right to reject all applications and make no awards as a result of this announcement, or to make fewer awards than anticipated. In addition, EPA reserves the right to make additional awards under this announcement, consistent with Agency policy and guidance, if additional funding becomes available after the original selections are made. Any additional selections for awards will be made no later than six months after the original selection decisions.

In addition, in appropriate circumstances, EPA reserves the right to partially fund applications by funding discrete portions or phases of proposed projects. If EPA decides to partially fund an application, it will do so in a manner that does not prejudice any applicants or affect the basis upon which the application, or portion thereof, was evaluated and selected for award, and therefore maintains the integrity of the competition and selection process.

B. Type of Funding It is anticipated that grants and/or cooperative agreements may be funded under this announcement.

When cooperative agreements are awarded, EPA will have substantial involvement with the project work plan and budget. Although EPA will negotiate precise terms and conditions relating to substantial involvement as part of the award process, the anticipated substantial federal involvement for the project selected and funded as a cooperative agreement may include:

1. Close monitoring of the recipient’s performance to verify the results proposed by the applicant;

2. Collaboration during the performance of the scope of work;

3. In accordance with the applicable regulations at 2 CFR Part 200 Subpart D (200.317 through

200.326) as appropriate, review of proposed procurements;

4. Review of qualifications of key personnel (EPA does not have authority to select employees or contractors employed by the recipient); and

5. Review and comment on tasks/deliverables and reports/publications prepared under the cooperative agreement (the final decision on the content of the reports rests with the recipient).

III. ELIGIBILITY INFORMATION

A. Eligible Applicants To be eligible for a CWA Section 319 grant under this RFA, a tribe or intertribal consortium must: (1) be federally recognized; (2) have an EPA-approved NPS assessment report in accordance with CWA Section 319(a); (3) have an EPA-approved NPS management program in accordance with CWA Section 319(b); and (4) have “Treatment-in-a-manner-similar-to-a-State” (TAS) status in accordance with CWA Section 518(e). To be eligible for CWA Section 319 grants under this RFA, tribes or intertribal consortium must have met these eligibility requirements as of October 8, 2021. For a complete list of tribes eligible for Section 319 FY 2022 funding, refer to the List of Tribes Eligible for 319 Base and Competitive Funding for FY 2022.

Some tribes have formed intertribal consortia to promote cooperative work. An intertribal consortium is a partnership between two or more tribes that is authorized by the governing bodies of those tribes to apply for and receive assistance under this program (see 40 CFR Part 35.502). Individual tribes who are part of an intertribal consortium that submits an application for a Section 319 competitive grant may not also submit an individual Section 319 competitive application. In such cases the individual application will be considered ineligible.

The intertribal consortium is eligible only if the consortium demonstrates that all of its members have met the eligibility requirements listed above for the Section 319 program by October 8, 2021, and member tribes authorize the consortium to apply for and receive assistance in accordance with 40 CFR Part 35.504 at the time of application submission. An intertribal consortium must submit with its application adequate documentation of the existence of the partnership and the authorization of the consortium by its members to apply for and receive the grant (see 40 CFR Part 35.504).

B. Cost Sharing or Matching Requirements Section 319(h)(3) of the CWA requires a non-federal cost share/match of at least 40 percent of the total project cost, and the cost share/match must be provided from non-federal sources. In order to receive an award, applicants must demonstrate how they will meet the applicable match requirements by the time of award. The non-federal cost share/match may be provided in cash or can come from in-kind contributions, such as use of volunteers and/or donated time, equipment, expertise, etc., and is subject to the regulations governing matching fund requirements described in 2 CFR Part 200.306, as applicable.

In-kind contributions often include salaries or other verifiable costs, and this value must be carefully documented. In the case of salaries, applicants may use either minimum wage or fair market value. Cost share/match must be used for eligible and allowable project costs. Cost share/matching funds are considered grant funds and are included in the total award amount and should be used for the reasonable and necessary expenses of carrying out the work plan. All grant funds are subject to federal audit. Any restrictions on the use of grant funds also apply to the use of cost share/match. Other federal grants may not be used as cost share/match without specific statutory authority. Examples of cost share/match calculations are provided in Table 1 below.

Applicants should be aware that certain funds originating from the Bureau of Indian Affairs (specifically, funds provided under funding agreements, contracts, or grant agreements entered into pursuant to 25 USC Chapter 15, Subchapter II) may be used as match for CWA Section 319 funds.

Pursuant to 25 USC 458cc(j), these funds are treated as non-federal funds for purposes of meeting cost share/match requirements.

https://www.epa.gov/system/files/documents/2021-11/tribal-319-eligible-list_fy22_1.pdf https://www.epa.gov/system/files/documents/2021-11/tribal-319-eligible-list_fy22_1.pdf

EPA’s regulations also provide that the Agency may decrease the cost share/match requirement to as low as 10 percent if the applicant can demonstrate in writing to the satisfaction of the Regional Administrator that fiscal circumstances within the tribe or within each tribe that is a member of the intertribal consortium are constrained to such an extent that fulfilling the cost share/match requirement would impose undue hardship (see 40 CFR Part 35.635). Where the stated purpose is to decrease the cost share/match requirement based upon undue hardship, the applicant may prepare a budget and application based upon the assumption that EPA will approve the reduced cost share/match under 40 CFR Part 35.635. If the applicant does not demonstrate undue hardship, the applicant must then meet the minimum 40 percent cost share/match requirement. The applicant must also provide a new budget with the final grant application based upon the program’s 40 percent cost share/match requirement and the federal award will be reduced accordingly. The purpose of this requirement is to ensure that all work plan activities for a project which is evaluated and competitively awarded will be implemented as described in the original application.

The following table demonstrates a 40 percent (Section 319 minimum required non-federal cost share/match) and 10 percent (e.g., if undue hardship is demonstrated per 40 CFR Part 35.635) cost share/match on a Section 319 maximum federal request of $100,000. Applicants may request less than $100,000 of federal funding. If applicants have additional questions regarding cost share/match calculations, please contact EPA Headquarters Contact identified in Section VII.

Table 1. Example Cost Share/Match Calculation

Federal Share Non-Federal

Match Federal Share Non-Federal Match Total Project Cost $100,000 40% 60% $66,667 $166,667 $100,000 10% 90% $11,111 $111,111

Example Calculation:

a. If you know the total project costs:

(1) Multiply the total project costs by the cost share/match % needed.

(2) The total is your cost share/match amount.

For example:

If your total project cost = $166,667 and you need 40% cost share/match, then $166,667 x .40 = $66,667 (Cost Share/Match).

OR

b. If you know the total federal funds requested (i.e., $100,000 for this RFA):

(1) Divide the total federal funds requested by the maximum federal share allowed.

(2) Subtract the federal funds requested from the amount derived in step 1.

(3) The amount derived from step 2 is the non-federal cost share/match.

For example:

(1) If the federal funds requested = $100,000; and the recipient cost share/match is 10%, then the federal share = 90% or .90. $100,000 divided by .90 = $111,111 (total project cost) then,

(2) $111,111 - $100,000 = $11,111

(3) The non-federal cost share/match = $11,111

C. No Required Tribal Cost Share Under a Performance Partnership Grant (PPG) If a tribe or intertribal consortium includes the funds for a grant awarded under this solicitation in an approved Performance Partnership Grant (PPG), there is no cost-share requirement. Where the applicant’s stated purpose is to include a grant awarded under this solicitation in a PPG, the applicant should prepare a budget and proposed work-plan based upon the assumption that the EPA will approve the budget and work plan without cost share included. If the applicant ultimately does not or cannot include a grant awarded under this solicitation as part of an approved PPG, or subsequently chooses to withdraw the competitively awarded grant from their PPG, the tribe or intertribal consortium must then meet the applicable cost share/match requirements identified above in Section III and negotiate a new work-plan and budget with the EPA project officer based on the same total project cost and work initially proposed. Since the new budget will be based upon the initially proposed total project cost and the applicable cost share/match requirement will be increased, the federal award amount will be reduced accordingly. The purpose of this is to ensure that all work-plan activities for a competitively awarded project will be performed as initially proposed and in accordance with the adjusted budget reflecting the applicable cost share/match requirement and federal award amount.

D. Threshold Evaluation Criteria In addition to applicant eligibility (discussed above in sections III.A, B, and C), all of the following threshold evaluation criteria must be met by the time of application submission in order for a tribe’s or intertribal consortium’s application to be evaluated under the ranking criteria in Section V and be considered for award. If necessary, EPA may contact applicants to clarify threshold eligibility questions prior to making an eligibility determination. Only applications that meet all of these criteria will be evaluated against the ranking criteria in Section V of the announcement. Applicants deemed ineligible for funding consideration as a result of the threshold eligibility review will be notified by EPA Regional Contact in Section VII within 15 calendar days of the ineligibility determination.

1. An individual tribe (or intertribal consortium) may not submit more than one application under this RFA. If more than one application is submitted, the EPA Regional Contact will contact the applicant to determine which application to withdraw. Individual tribes who are part of an intertribal consortium that submits an application for a Section 319 competitive grant may not also submit an individual Section 319 competitive application. In such cases the individual application will be considered ineligible.

2. An individual tribe (or intertribal consortium) may submit an application requesting up to a maximum of $100,000 of federal CWA Section 319 funding. If an applicant submits an application that requests more than $100,000 of federal CWA Section 319 funding, it will be rejected from further consideration.

3. All applications must include activities that are related to waters within a reservation or they will be rejected. CWA Section 319 grant funds awarded under this competition may be awarded to tribes for use outside the reservation only if they support activities that are related to waters within a reservation and are consistent with the applicant’s NPS source assessment report and management program. These activities may include either those relating to sources upstream of a waterway entering the reservation, or activities downstream of reservation waters. The application must clearly demonstrate the impacts of the upstream or downstream project on tribal waters or it will be rejected from further consideration. If any project work, such as NPS BMP implementation activities or monitoring, is to occur off-reservation the applicant must assess and indicate in their application whether land access/permission is required, and if so must demonstrate in the application that any necessary access agreements have been obtained from the landowner(s) by the time of application submission.

i. Activities Related to Waters Within a Reservation Section 518(e) of the CWA provides that EPA may treat an Indian tribe in a manner similar to a state for purposes of Section 319 of the CWA if, among other things, “the functions to be exercised by the Indian Tribe pertain to the management and protection of water resources which are within the borders of an Indian reservation” (see 33 USC 1377(e)(2)). EPA already awards grants to tribes under Section 106 of the CWA for activities performed outside of a reservation (on condition that the tribe obtains any necessary access agreements and coordinates with the state, as appropriate) that pertain to reservation waters, such as evaluating impacts of upstream waters on water resources within a reservation. Similarly, EPA has awarded Section 106 grants to states to conduct monitoring outside of state borders. EPA has concluded that grants awarded to an Indian tribe pursuant to Section 319 may similarly be used to perform eligible Section 319 activities outside of a reservation if: (1) the activity pertains to the management and protection of waters within a reservation; and (2) just as for on-reservation activities, the tribe meets all other applicable requirements.

ii. Activities Unrelated to Waters of a Reservation EPA is not authorized to award CWA Section 319 grants for activities that do not pertain to waters of a reservation. For off-reservation areas, including “usual and accustomed” hunting, fishing, and gathering places, EPA must determine whether the activities pertain to waters of a reservation prior to awarding a grant.

4. All Project Narratives, as described in Section IV, must address one of the following four project types below. All applications must contain an on-the-ground project to implement NPS BMPs.

i. The work plan develops or continues work on a nine element watershed-based plan and implements a nine element watershed-based plan;

ii. The work plan develops or continues work on a nine element watershed-based plan and completes a watershed project (that does not implement the watershed-based plan) that is a significant step towards addressing NPS water quality impairments or threats on a watershed-wide basis;

iii. The work plan implements a nine element watershed-based plan; or

iv. The work plan completes a watershed project that is a significant step towards addressing

NPS impairments or threats on a watershed-wide basis.

5. Applications must substantially comply with the application submission instructions and requirements set forth in Section IV.C of this announcement or else they will be rejected. Where a page limit is expressed in Section IV.C.2 with respect to the Project Narrative, pages in excess of the page limitation will not be reviewed. Section IV.C.2, establishes a 15-page, single-spaced project narrative page limit. Supporting materials, as described in Section IV.C.2, are not included within the page limit for the project narrative.

6. Applications must be submitted through Grants.gov as specified in Section IV of this announcement (except in the limited circumstances where another mode of submission is specifically allowed for as explained in Section IV) on or before the application submission deadline published in Section IV of this announcement. Applicants are responsible for following the submission instructions in Section IV of this announcement to ensure that their application is timely submitted.

7. Applications submitted after the submission deadline will be considered late and deemed ineligible without further consideration unless the applicant can clearly demonstrate that it was late due to EPA mishandling or because of technical problems associated with Grants.gov or relevant SAM.gov system issues. An applicant’s failure to timely submit their application through Grants.gov because they did not timely or properly register in SAM.gov or Grants.gov will not be considered an acceptable reason to consider a late submission. Applicants should confirm receipt of their application with Steve Epting at tribal319grants@epa.gov within five business days after the submission deadline—failure to do so may result in your application not being reviewed.

8. If an application is submitted that includes any ineligible tasks or activities, that portion of the application will be ineligible for funding and may, depending on the extent to which it affects the application, render the entire application ineligible for funding.

E. Funding Restrictions

Watershed-Based Plan Development: The use of competitive funding for the development of a watershed-based plan shall be limited to 20 percent of the federal portion of the competitive grant (i.e., up to $20,000 of a $100,000 federal grant request) to assure that these competitive funds are primarily focused on NPS BMP implementation. Applications including watershed-based plan development as a work plan component must also contain a project to implement NPS BMPs (i.e., a tribe will not receive competitive funding only for the development of a watershed-based plan).

Administrative Costs: Pursuant to CWA Section 319(h)(12), administrative costs in the form of salaries, overhead, or indirect costs for services provided and charged against activities and programs carried out with the grant shall not exceed 10 percent of the grant award (federal share and tribal cost share/match).

The costs of implementing enforcement and regulatory activities, education, training, technical assistance, demonstration projects, and technology transfer are not subject to this limitation. For example, staff time implementing a stream restoration project is exempt from the 10 percent cap on administrative costs. Developing a watershed-based plan is also exempt from the 10 percent cap on administrative costs.

Please note that a tribe’s indirect cost rate set by the Department of Interior is independent of the 10 percent administrative costs mentioned in CWA Section 319(h)(12). If a tribe chooses to include indirect costs in its budget, the indirect cost rate set by the Department of Interior would be the rate that the tribe would start with. However, some of the costs that are covered in the indirect cost rate may be administrative and subject to the 10 percent administrative cap. If they are subject to the administrative cap and are more than 10 percent, the tribe would need to limit the indirect costs included in the budget.

The 10 percent administrative cap is intended to limit overall funds for any administrative costs whether they are direct or indirect costs.

Water Quality Monitoring: In general, CWA Section 319 funding should not be used for general assessment activities (e.g., monitoring the general status of reservation waters, which may be supported with CWA Section 106 funding). CWA Section 319 funding may not be used to fund any activities required by a National Pollutant Discharge Elimination System permit. This includes monitoring and https://www.sam.gov/ mailto:tribal319grants@epa.gov other activities associated with the storm water permitting program. However, tribes may use CWA Section 319 funding to support NPS project-specific water quality monitoring (i.e., baseline monitoring and post-BMP implementation monitoring), data management, data analysis, and the development of watershed-based plans. Section 319 does not, by statute, provide access for tribes to sample lands or waters not within their jurisdiction. If monitoring is to occur off tribal lands in waterbodies that affect the waters of the reservation, approval must be obtained from the landowner(s) prior to applying for funding.

Maintenance of Effort: To receive funds under CWA Section 319 in any fiscal year, a tribe or each member of an intertribal consortium must agree that the tribe or each member of the intertribal consortium will maintain its aggregate expenditures from all other sources for programs for controlling NPS pollution and improving the quality of the tribe's or the intertribal consortium’s members’ waters at or above the average level of such expenditures in Fiscal Years 1985 and 1986 (see 40 CFR Part 35.636).

F. Performance Partnership Grants (PPG) Funds for a grant awarded under this solicitation may be included in a PPG. Applicants should indicate in their application submission if they anticipate incorporating the proposed project, if selected for funding, into an already existing PPG or if they intend to create a new PPG that would include the project proposed under this solicitation. The PPG should be in place before the time of grant award or created concurrently with the award of the grant funds. The proposed project under this grant solicitation must have a project period that is within the PPG project period. It cannot be longer than the PPG project period. A PPG enables entities to combine funds from more than one environmental program grant into a single grant with a single budget. Under this competition, state and interstate agency applications must first be selected under the competitive grant process described in this solicitation and, in accordance with 40 CFR 35.138, the work-plan commitments that would have been included in the work-plan must be included in the PPG work-plan. After the funds have been included in the PPG, the recipient does not need to account for these funds in accordance with the funds’ original program source. Similarly, tribal and intertribal consortia applications must first be selected under this competitive grant process in accordance with 40 CFR 35.535. If a proposed PPG work-plan differs significantly from the work-plan approved for funding under this competition, the Regional Administrator must consult the National Program Office (see 40 CFR 35.535). The purpose of this consultation requirement is to address the issue of ensuring that a project which is awarded funding under this competition is implemented as proposed once combined with other grant programs in a PPG.

For further information, see the final rules on Environmental Program Grants for state and interstate agencies at 40 CFR Part 35, Subpart A and tribes and intertribal consortia at 40 CFR Part 35, Subpart B.

The rules are also available on the EPA’s website at: (state) and (tribal). Local governments are not eligible for PPGs.

IV. APPLICATION AND SUBMISSION INFORMATION

A. Requirement to Submit Through Grants.gov and Limited Exception Procedures Applicants must apply electronically through Grants.gov under this funding opportunity based on the grants.gov instructions in this announcement. If your organization has no access to the internet or access is very limited, you may request an exception for the remainder of this calendar year by following the procedures outlined here. Please note that your request must be received at least 15 calendar days before the application due date to allow enough time to negotiate alternative submission methods. Issues with submissions with respect to this opportunity only are addressed in section IV.B.3 Technical Issues with Submission below.

B. Submission Instructions The electronic submission of your application must be made by an official representative of your institution who is registered with Grants.gov and is authorized to sign applications for Federal assistance. For more information on the registration requirements that must be completed in order to submit an application through grants.gov, go to Grants.gov and click on "Applicants" on the top of the page and then go to the "Get Registered" link on the page. If your organization is not currently registered with Grants.gov, please encourage your office to designate an Authorized Organization Representative (AOR) and ask that individual to begin the registration process as soon as possible. Please note that the registration process also requires that your organization have a DUNS number and a current registration with the System for Award Management (SAM) and the process of obtaining both could take a month or more.